Traditional Culture Encyclopedia - Hotel reservation - Where can the hotel complain without refund during the epidemic?

Where can the hotel complain without refund during the epidemic?

Legal analysis: it can be handled through consultation. If negotiation fails, a lawsuit may be brought to the people's court. If the lessee temporarily loses income or the income drops sharply due to the epidemic, and requests to postpone or reduce the rent, the lessee shall bear the burden of proof and try to negotiate with both parties to adjust the rent appropriately. The current epidemic situation or epidemic prevention and control measures are force majeure for the parties who cannot perform the contract. However, in the specific lease situation, the application of force majeure should be comprehensively judged in combination with factors such as the outbreak time, prevention and control measures, the specific degree of contract performance, causality, and whether the parties fulfill their notification obligations in time.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 180 A person who is unable to perform his civil obligations due to force majeure shall not bear civil liability. Where there are other provisions in the law, those provisions shall prevail.

Force majeure is an unforeseeable, unavoidable and insurmountable objective situation.

Article 590 Where the parties are unable to perform the contract due to force majeure, they shall be exempted from liability in part or in whole according to the influence of force majeure, except as otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be informed in time to reduce the possible losses to the other party and provide proof within a reasonable time.

If force majeure occurs after the delay in performance, the parties concerned shall not be exempted from the liability for breach of contract.